In a letter sent to the state’s prosecutors on Tuesday, Albany County District Attorney David Soares said the District Attorneys Association of the State of New York will be advancing an expedited constitutional challenge to the bill.

Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Priceman Family, LLC v. Kerrigan,” where the court held that smoking inside one's apartment was found not prohibited by the lease and did not constitute nuisance; and “Zucker v. HSBC Bank,” where a loan and mortgage modification agreement restarted the statute of limitations on a mortgage debt.

While asset forfeiture is commonly thought of as applying to personal property, such as a vehicle used to illegally transport narcotics, in their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss its application to real property.

David Perla, managing director of Burford Capital provides guidance on the one common question asked of litigation finance providers: “What impact does working with a provider of litigation finance have on control of litigation and settlement decisions?”

In her Litigation 101 column, Shira Forman writes: As compared with the strategic task of taking a deposition, defending a deposition is often regarded as simple—nothing more than holding the witness’s hand, objecting sparingly, and making sure everything goes as smoothly as possible.

The Suffolk County District Court is stepping up its efforts to combat the opioid epidemic with the formation of a diversionary program that allows some offenders facing drug possession charges to participate without entering a guilty plea.

U.S. District Judge John Koeltl of the Southern District of New York granted a motion to dismiss from DFS, which was defending its method of distributing risk adjustment payments alongside a federal program.

A discussion of the U.S. District Court for the Eastern District of Michigan decision BullsEye Telecom v. BroadSoft, concerning a dispute over whether a licensor of telecommunications software could compete with the licensee’s customers for the same services.

Defense attorney James Lynch, of New York’s Lynch Daskal Emery, said Daniel Blouin, a New York shareholder at Simmons Hanly Conroy, resorted to “incurable character assassinations” and “outrageous remarks” during trial.

The ruling by U.S. District Judge Alvin Hellerstein of the Southern District of New York comes in one of four pending cases challenging laws prohibiting the use and advertisement of short-term rentals.

he past few months have seen the inside pages of the law journal abound with decisions of interest. Indeed, while cover stories surely make their mark, opinions under cover are no less significant, and are worthy of reporting. The decisions in In re Berk and In re Smith are cases in point.

The attorneys general, including New York’s Barbara Underwood, said in the letter that the availability of those files is “a manufactured crisis” created by the U.S. State Department when it chose to allow a company to post them online.

In 1960 Richard Nixon and John Kennedy battled for New York’s all-important 45 electoral college votes. Nixon proved more popular among Republicans than Kennedy was among Democrats—Nixon received 3,446,419 votes on the GOP line to Kennedy’s 3,423,909 on the Democratic line, a margin for Nixon of some 23,000 votes.

State Supreme Court Justice ShawnDya Simpson was one of three Brooklyn judges who was sent packing for courts in different boroughs for issues with absenteeism, case management and the number of days spent at trial.

Justice Denise Hartman sided with Maloney campaign attorney Martin Connor’s argument that the statewide primary in September and general election in November are two separate events during which Maloney can seek different offices.

Wachtell said questioning the investor and former President Donald Trump adviser about energy policy is relevant to his credibility, arguing Icahn-controlled CVR Energy sued the firm because "he does not like Wachtell. It was brought as payback."

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York.

The Bronx Defenders filed a suit against the court system on behalf of a group of defendants who were charged with low-level offenses who said the sluggish pace of their cases through the Bronx courts were violating their speedy-trial rights.

The U.S. Department of Justice had supported the former Allergan sales representative in the trial court but switched its stance in the U.S. Court of Appeals for the Second Circuit. The question presented to the court was one of first impression.

The Debevoise partner, named last week to help lead CBS' probe into harassment allegations against Leslie Moonves, is also investigating failure-to-report claims against Ohio State football coach Urban Meyer.

The New York City Council has approved a package of bills to regulate Uber and other ridesharing services, including a first-of-its-kind, one-year freeze on the number of vehicles allowed on the city streets.

A Manhattan judge has ordered the New York City Police Department to release a trove of documents from the case of Ramarley Graham, who was shot and killed in 2012 by an officer who has since left the department.

A lawyer for David Joffe, a former King & Spalding associate who alleges he was fired for reporting unethical conduct by the firm's partners, claims his client has been difficult to deal with and hasn't paid his bills.

An insurer may require that an applicant for no-fault benefits, be it the injured person or his/her medical provider, appear for an examination under oath (EUO) to answer questions pertaining to his/her eligibility to collect benefits.

New York Insurance Law §3420, with its several varied provisions, including, inter alia, those pertaining to direct actions against insurers to collect on unsatisfied judgments, notice to the insurer, disclaimers, prejudice, uninsured and underinsured motorist coverage, and interspousal liability coverage, is undoubtedly one of the most important and frequently cited and relied upon statutory provisions in insurance disputes and litigation.

CourtNotes, offered exclusively by the New York Law Journal, is a comprehensive listing of news and updates from the Federal, State and Appellate Courts. CourtNotes is updated on a daily basis to bring you the most current information happening in the New York Courts today.

The defendant in the case, who is identified as John Doe in court papers to protect his family while he works with American authorities, was convicted of two terrorism-related charges and faced a statutory maximum of 25 years in prison.

A judge ruled that Cadwalader can't present expert testimony at its upcoming trial, where former partner Dennis Block, corporate co-chair William Mills, and Washington Redskins owner Daniel Snyder are all likely to make appearances.

Unsurprisingly, just as tests for alcohol-consumption did not emerge during alcohol-prohibition, tests for marijuana-consumption have only been in their infancy stages during the era of marijuana-prohibition.

In his Mortgage Foreclosure column, Bruce J. Bergman discusses eviction after foreclosure which is a “more obscure and thorny pursuit than might be imagined and could benefit from clarity and resolution,” something recent cases have helpfully supplied.

In his Intellectual Property column, Robert L. Maier discusses 'Helsinn Healthcare v. Teva Pharmaceuticals USA,' in which the U.S. Supreme Court will address the scope and impact of the 'on sale bar' of the patent statute as it applies under the America Invents Act.

In their column on Corporate and Securities Litigation, Margaret Dale and Mark Harris analyze the decision in 'Rensel v. Centra Tech,' which discusses whether U.S. courts will treat crypto-tokens as securities subject to the regulatory requirements of the Securities Act of 1933.

A panel issued two decisions, one upholding Sampson's convictions on obstruction of justice and lying to investigators, while the over reversed and remanded back to the district court a question on previously dismissed embezzlement charges.

NYSBA President Michael Miller and NYCBA President Roger Juan Maldonado worked in close collaboration to build support for the resolution, which asks Congress to exempt Puerto Rico from the Merchant Marine Act of 1920, better known as the Jones Act.

The Queens tradition of judges and ADAs coming from the same family—unique in its scale among New York’s boroughs—has created a perception in the defense bar that its members are on the outside of an insular courthouse community.

Judge Susan Carney wrote in the court’s opinion that the wholesaler, Anderson News, failed to provide sufficient evidence that the publishers had collectively decided to boycott the company over a 7-cent surcharge.

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal write: In 2016, scant direction existed for organizations looking to structure a “Bring Your Own Device” program with e-discovery requirements in mind, and there was even less guidance for courts confronted with requests for discovery of ESI on such devices. That has changed thanks to a new publication from The Sedona Conference.

In this Special Report: "Good Faith Negotiations at Mediation," "Fending Off Cyberattacks in International Arbitration," "Blurred Lines: Rethinking the Issue of Consent by Non-Signatories," "Corruption as a Defense in Investment Treaty Arbitration" and "Efficiency or Fairness? ADR May Be the 21st Century Equivalent to the Rise of Equity."

Summary judgment motions by defendants have become somewhat routine in medical malpractice actions. Not infrequently, the evidence and applicable standards of care offer little or nothing to justify them.

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